Are you setting aside time for biking this holiday season? Do you usually ride with no helmet? Here in Florida, motorcycles are as common as cars. Unfortunately, motorcycle accidents are also common. Within the last month in Tampa Bay, two different bikers died and one was injured in two separate accidents on our local highways.
On October 20, officers responded to an accident near Tampa International Airport at the Northbound Memorial ramp. A little before 10 PM, they found a seriously injured biker who died from their injuries shortly after reaching the hospital. Just a few days later, on October 23, a Dodge Journey hit a Yamaha motorcycle at 8:45 PM on East Fowler Avenue in Tampa when the SUV was turning onto the on-ramp for Interstate 75. The 26-year-old driver of the motorcycle, a Tampa resident, was fatally injured in the crash.
Police continue to investigate the details of this case and haven’t yet released them. As motorcycle accident lawyers though, we know that bikers failing to wear a helmet is a common reason for serious injuries and death in crashes. What does that mean for victims and their families in the wake of their accident?
What are Florida’s laws regarding motorcycle helmets?
Florida’s “partial helmet law” provides the helmet requirements for riders within the state lines. It states that adults aged 21 and older do not have to wear a helmet as long as they hold coverage of at least $10,000 in medical benefits for accidental injuries resulting from a crash while operating or riding a motorcycle.
For riders under the age of 21, helmets are required at all times regardless of insurance coverage.
So, yes, legally you are permitted to ride without a helmet in Florida…but we certainly don’t recommend it.
Why?
Helmets prevent injuries and save lives in motorcycle accidents.
Wearing a helmet while riding your bike might feel restricting, but in reality, it might free you from a lifetime of pain and suffering. On average, motorcycle helmets prevent almost 40% of fatalities in crashes, and are almost 70% effective in preventing TBIs (traumatic brain injuries) due to impact to the head.
Is the risk of losing your life, or your abilities, really worth the feeling of wind blowing in your hair? We don’t think so.
I rode without a helmet and received injuries in a motorcycle accident. What now?
In Florida, as stated above, you are legally allowed to ride without a helmet as long as you are over the age of 21.
This means you shouldn’t face legal action. It’s important to note that your insurance company likely has different views on helmet usage though. In an accident that wasn’t your fault, the negligent driver’s insurance company could also view your lack of safety gear as a loophole to get out of paying.
Don’t worry if this sounds like you. The team at Brooks Law Group always fights for innocent victims when insurance companies fail them.
Can I still get compensation after my motorcycle accident?
You can still get compensation if you weren’t wearing a helmet at the time of the crash, depending on the details of your case.
Damages can include:
- compensation for medical care
- coverage of lost income and earning capacity
- property damages
- out-of-pocket costs (like childcare and other necessary assistance following your injuries)
- pain and suffering (including mental struggles like PTSD)
Experienced motorcycle accident lawyers possess specific skills in gathering evidence and proving your case. They are your best resource for help when you choose no helmet and have an accident.
My motorcycle accident in Tampa left me injured…what should I do?
After completing police reports and contacting your insurance company, you need to call Brooks Law Group. Our team specializes in motorcycle accidents and standing up for victims just like you in your moment of need.
We bring years of knowledge and case experience to the table and build a solid case that will get the help you need and the justice you and your family deserve.
Worried about the cost of legal fees and what that means for you? Don’t be. Our contingency fee means you don’t pay unless we win your case. Our initial consultation is free. There is no risk to you when you call us to discuss details of your accident and ask for guidance.
You aren’t alone following your accident. We’re here for you. Look to Brooks.
